Walker v. Peterson

Opinion oe the Court, by

Judd, C.J.

Section 1106 of tbe Civil Code as amended (Compiled Laws, pp, 322 and 3) makes it incumbent upon a defendant served with a summons in an action on a liquidated demand to file either a demurrer or an answer denying the facts. “Provided that in all cases where the defendant is sued as the maker, drawer, acceptor or endorser of any banker’s check, promissory note, bill of exchange, or other negotiable security, he shall not he allowed to file an answer unless he shall file therewith an affidavit made by himself or by some person cognizant of the facts, on his…